SCJN declares invalidity of the “decree” that reinterprets the concept of government propaganda

For violating the legislative ban, the Supreme Court of Justice of the Nation (SCJN) unanimously declared the total invalidity of the decree interpreting the scope of the concept of government propagandaprinciple of impartiality and application of sanctions contained in the General Law of Electoral Institutions and Procedures and the Federal Law of Revocation of Mandateenacted on March 17, 2022.

Under the presentation of the minister Yasmin Esquivel Mossa, the resolution project that declares the invalidity of the aforementioned decree was approved by 10 votes; the minister Loretta Ortiz did not attend the session.

When detailing the background study, the speaker explained that the violation of the legislative ban on electoral matters was analyzed, as it constituted a prohibition established in article 105 of the Constitution.

“The ban is that federal and local electoral laws must be enacted at least 90 days before the electoral process begins where they are going to be applied and during their course there can be no fundamental legal modifications”.

“The objective of the law is, among others, that the rules on electoral matters could be challenged before the high court through the action of unconstitutionality prior to the start of the respective process, in order to guarantee the principle of certainty, which is one of the rectors in this matter consisting of the participants knowing the fundamental rules that will integrate the legal framework of the procedure according to which citizens will be allowed to access the exercise of public power, with the certainty that previously the legitimized subjects had the opportunity to disagree with last-minute legislative changes,” he explained.

In the case analyzed, he specified, “the violation of the legislative ban is updated since the interpretive decree since its entry into force on March 18, 2022, which is a notorious fact, six local electoral processes were already underway, as well as the federal mandate revocation process”.

“Consequently, if the interpretative decree was published on March 17 and entered into force the following day, it is clear that its content operated when the aforementioned processes were in progress; that is, within the legislative ban on electoral matters referred to in article 105, second section, last paragraph”.

Among other points, the decree invalidated by the Court interprets that the expressions of public servants do not constitute government propaganda, which are subject to the limits established in the applicable laws, and that information of public interest does not constitute government propaganda either. as it establishes the General Law of Transparency and Access to Public Informationwhich must be disseminated in any format by public servants.

And that sanctions against officials may not be applied sanctions by analogy or majority of reason must be applied under the principle of strict law, not by analogy or majority of reason.

rolando.ramos@eleconomista.mx